What to Expect from No Fault Divorce in Hauppauge NY

contact us for a Free Consultation

A no fault divorce in Hauppauge New York provides an easier method for parties to get divorced.   A request for a no fault divorce in Hauppauge New York is simply asking the court to realize that the couple is no longer interested in remaining married and has been separated for the required time under law.   In contrast to a fault-based divorce, parties can expect the following:

Fewer Allegations of Marital Misconduct

In fault-based cases, the party asking for the divorce must first establish certain grounds as provided under New York law.   This requires the spouse to allege instances of abuse, cruel treatment, insanity, impotence or other potentially embarrassing or private information.   Since no fault divorce is not premised on any type of marital misconduct, the parties do not usually have to engage in this type of mudslinging.   However, this is not to say that the spouses will avoid all such allegations.   For the most part, courts are not concerned with marital misconduct and cannot take such information into consideration when determining spousal support absent a few rare exceptions.   However, if such misconduct has or could possibly affect the children; these allegations may still be made if the couple is contesting custody or visitation.

A Faster Process

Since the parties do not have to go through the process of establishing fault-based grounds, the process is much faster.   If they agree, they can get divorced relatively quickly.   Even if their divorce case is contested, the first step in the fault-based process is skipped and the process is still faster than that route.

Our Recent Blogs

How Do I Revise a Prenuptial Agreement?

A prenuptial agreement is a great way to protect your finances when entering a marriage. However, as your life changes, your finances likely will…
Read More

Is Financial Disclosure Before Signing a Prenuptial Agreement Necessary?

When you and your spouse decide to get married, taking the necessary steps to protect yourself and your assets in case you divorce is…
Read More